Case On First Us Ammendment And Clauses

1729 words - 7 pages

The First Amendment of the United States Constitution includes the Establishment Clause and the Free Exercise Clause. These clauses instruct that legislature shall neither establish an official religion nor unnecessarily restrict the practice of any religion. U.S. Const. amend. I.
The Supreme Court has adopted a standard of neutrality to satisfy the Establishment Clause stating: neither federal or state government can enact laws which aid one religion, aid all religions, or prefer one religion over another, and neither can force nor influence a person to profess a belief or disbelief in any religion. Everson v. Bd. of Educ., 330 U.S. 1, 15 (1947). The means that the Martin County Board ...view middle of the document...

Id at 612.
There have been some applications of the Lemon test, but over time have seen some adaptations for application. The Allegheny test is used to determine whether there is governmental endorsement of religion, which is prohibited by the Establishment Clause. Cnty of Allegheny v. American Civil Liberties Union Greater Pittsburgh Chapter, 492 U.S. 573, 593 (1989). In Allegheny, a question arose about the constitutionality of winter festivity paraphernalia that were displayed in government buildings. Id. at 578.The displays included a crèche in the county courthouse, as well as two other displays in the city-count building: an eighteen-foot-tall menorah and a forty-five feet tall Christmas tree. Id. at 578. The court decided that the crèche, but not the menorah or the Christmas tree, violated the Establishment Clause of the Constitution. Id. at 579. The court stated that the Christmas tree and the menorah did not constitute sufficiently religious activity for the First Amendment to prohibit the displays and that the Christmas tree is not a religious symbol, but a celebration of Christmas; while the menorah is readily understood as a simple recognition that Christmas is not the only traditional way of observing the winter holiday season. Id. at 616-18. The Allegheny test precludes the government from assigning or attempting to assign a message that a religion or a particular religious belief is favored or preferred. Id. at 593.
The Lee test is used to determine whether there is coercion of religion. Lee v. Weisman, 505 U.S. 587 (1992). The Lee test prohibits public school officials from conveying an endorsement of religion to their students in a manner that gives them limited options of rejection because it violates the core of the Establishment Clause, regardless of however "ceremonial" the message may be. Id. at 631.
B. The Marsh Test
The Marsh test is used to determine whether a prayer policy was used to advance or belittle any religion or belief. Marsh v. Chambers, 463 U.S. 783, 794 (1983). In Marsh, a member of the Nebraska Legislature brought an action challenging the constitutionality of the practice of opening each legislative session with a prayer by a chaplain paid with public funds. Id. at 786. Nebraska had employed the same minister for over sixteen years, and he had provided an invocation to open most daily legislative sessions. Id. at 793. The minister had initially prayed in the Christian tradition, but this practice changed over time to follow the “Judeo-Christian” tradition. Id. The “Judeo-Christian” tradition involved removing references to Jesus Christ and instead referred to an ambiguous God in the invocations. Id. Instead of using the Lemon test to determine the principle of neutrality in the context of the legislative prayer, the Court based its decision on history and long-standing traditions. Id. at 792. The Marsh test finds that the unbroken practice of prayer before a legislative event, for a long-standing period...

Find Another Essay On Case on First US Ammendment and Clauses

The U.S. Constitution and Slavery- How the Framers of the US Constitution avoided (and allowed) slavery through carefully worded clauses

1050 words - 4 pages three-fifths and slave-trade clauses were compromises-meaning they benefit both sides.The first indication of slavery in the Constitution, the Three-Fifths Compromise, appears in Article I, Section 2. As a means of counting the population for taxation, it states (by implication) that slaves are to be counted not as a whole person, but as three-fifths of one. The ambiguous language implies this by naming "whole" people as those who are free or

Tinker vs. Des Moines. This is about the case in which the first ammendment was taken into consideration, when studennts wore arm bands to school to show anti-war status

537 words - 2 pages the first Amendment of the Constuition of the United States. They sought nominal damages and an injunction against a regulation that the respondents had promulgated banning the wearing of armbands. The District Court dismissed the complaint on the ground that the regulation was within the Board's power, despite the absence of any finding of substantial interference with the conduct of school activities. The judge in the first trial said Des

Marketing Case - Mahindra and Mahindra entering US Market

6343 words - 25 pages such as Egypt or Brazil first. As this is done, the company should enter into discussion with Ford Motor Company in USA to bring their new hybrid SUV model to the North American market. Finally, to remove their image as a tractor company, Mahindra and Mahindra will have to engage in heavy advertising and promotion to build their new brand in the US market, perhaps harping on their new diesel-electric hybrid technology which truly provides a

On My First Sonne and Mid-Term Break

1023 words - 4 pages Analysis Heany's 'Mid-Term Break' and Johnson's 'On My First Sonne' have many things in common but there are things that are different as well. 'Mid-Term Break' (MTB) is a sad poem about the narrator's brother's death. The first paragraph has many key words that show us that the poem is not going to be a happy one. In the first line 'sick bay' gives us an idea that it will have something to with health. Also, the narrator's neighbors drove him

Impact of the First and Fourteenth Amendments on Religious Freedoms

1361 words - 6 pages ideals like the emphasis on individualism. The first amendment allowed a spiritual philosophy like Transcendentalism to arise, but it has also had a key part in allowing cults to emerge and to flourish. The 1944 United States vs. Ballard case marked a significant change in legal approaches towards dealing with cults. The original decision found the leaders of the “I AM” Movement guilty of fraud for collecting funds for a religious cause in which

On the Myth of "The Raven and the First Men"

634 words - 3 pages of life and conformed to the culture of the Europeans. Since the Europeans had more advances in technology and acquired a stronghold on the local resources, the First Nation’s power was diminished and they were forced to submit. Reid suggests that as a result, today’s First Nation’s face social and economic problems while the land is now plagued by environmental problems. For this reason, “it’s time the Raven started looking for another

How does the first chapter introduce us to the main themes and central concerns in 'Pride and Prejudice'?

1555 words - 6 pages 'Pride and Prejudice', first published in 1813, is Jane Austen's most popular novel. It tells the story of the Bennet family; a genteel family living in rural Britain in the early 19th century. The novel explores the social conventions of its time; social class and wealth, marriage, love and of course, pride and prejudice. 'Pride and Prejudice' discusses all of these themes from Jane Austen's point of view and with a doubt, she is the main

AP US History Paper on Brown v. Board of Education of Topeka, Kansas Supreme Court Case

1253 words - 5 pages Brown v. Board of Education of Topeka, Kansas Supreme Court CaseThe Brown v. Board of Education of Topeka, Kansas Supreme Court case in 1954 revolved around the issue of equality between black and white children in segregated schools. It was the result of a long-standing legal campaign carried on by the National Association for the Advancement of Colored People (NAACP) and the Legal Defense Fund (LDF), to resolve the effects of Jim Crow laws

Foreign Aids Affect on Us and Is It Beneficial

855 words - 4 pages Foreign aid is beneficial for other governments, their people, and our selves. Foreign aid is assistance we give to other people. It can help preserve the lives of people facing natural disasters, corrupt governments, and eliminate terrorism. It also can allow us to form alliances with other countries that may help us in later times. The money we get for financial aid comes from the federal budget. According to Shan Carter’s review on Obama’s

McCarthyism and the Korean War's effect on Us, USSR relations

593 words - 2 pages same, south of the line. They both, however, believed in a reunification of Korea; but like Germany, they each set up rival regimes above and below the parallel, thus causing more tension between the US and USSR relations. The first shot came from the North Korean army in a Soviet-made tank. Truman sprang into action, for he believed that if America relaxed its guard for a moment, that he would give communism an invitation.President Truman was

Video Games and Their Possible Affect on Us

2083 words - 9 pages outlet for people to drive carelessly and not hurt anyone. Is the violence in video games affecting us to behave more violently or is it simply a good outlet to release aggression that has built up through out a normal day? In 1961 MIT student Steve Russell created Spacewar, the first interactive computer game. Almost a decade later in 1970 Noland Bushnell who had been working closely with Spacewar first succeeded in putting together a

Similar Essays

Adult Entertainment And First Ammendment Rights

1342 words - 5 pages Adult Entertainment and First Ammendment Rights The essence of the American dream stems from freedom. Before this nation was even called the United States of America, religious separatists ventured across the Atlantic Ocean so that they would be free to practice a religion that was not controlled by the state. Today, we find ourselves in a constant battle with ethics, morals and values in the United States. Seeing that we are a nation that

Abuses On The First Ammendment Right In University Campuses

4454 words - 18 pages . Hinkle left without posting the flier. However the police were later called by one of the offended students, and urged the campus to punish Hinkle on the premise of “hate speech.” The university did just that, punishing him for “disrupting” a bible study. Apparently, no one had told Hinkle there was a meeting and he did not see any Bibles present. For seeking peacefully and politely to exercise his First Amendment rights, he was subjected to a seven

Forum Selection Clauses An Argument For Their Use Case Precedents And Arguments On Why Forum Selection Clauses Included In Contracts Should Be Legal And Binding

1850 words - 7 pages business from all of those locations, and thus subject to the laws of each such location? Imagine the enormous barriers to this new world economy that definition could create.One of the ways to alleviate this potential risk is to set forth forum selection clauses in any contracts. The choice of forum is governed by a set of conflict of law rules. Typically, the state that has the greatest governmental interest in a case will provide the governing law

Supreme Court Cases On Separation Of Church And State Clauses

2424 words - 10 pages The United States of America was founded on the basis of religious freedom. Judgment on the legality of the Separation of Church and State should not be based on one’s religion. The phrase “Separation of church and state” sometimes known as the “wall of separation between church and state,” is a phrase used by Thomas Jefferson in understanding the two clauses of the First Amendment to the Constitution of the United States: the Establishment